|     printer icon  Printer-friendly version of this page
Image of the Judicial Council of California Seal

2021 California Rules of Court

Rule 5.668. Commencement of hearing-explanation of proceedings (§§ 316, 316.2)

(a) Commencement of hearing

At the beginning of the initial hearing on the petition, whether the child is detained or not detained, the court must give advisement as required by rule 5.534 and must inform each parent and guardian present, and the child, if present:

(1)  Of the contents of the petition;

(2)  Of the nature of, and possible consequences of, juvenile court proceedings;

(3)  If the child has been taken into custody, of the reasons for the initial detention and the purpose and scope of the detention hearing; and

(4)  If the petition is sustained and the child is declared a dependent of the court and removed from the custody of the parent or guardian, the court-ordered reunification services must be considered to have been offered or provided on the date the petition is sustained or 60 days after the child's initial removal, whichever is earlier. The time for services must not exceed 12 months for a child three years of age or older at the time of the initial removal and must not exceed 6 months for a child who was under three years of age or who is in a sibling group in which one sibling was under three years of age at the time of the initial removal if the parent or guardian fails to participate regularly and make substantive progress in any court-ordered treatment program.

(Subd (a) amended effective January 1, 2017; adopted effective January 1, 1999; previously amended effective January 1, 2001, and January 1, 2007.)

(b) Parentage inquiry

The court must also inquire of the child's mother and of any other appropriate person present as to the identity and address of any and all presumed or alleged parents of the child as set forth in section 316.2.

(Subd (b) amended effective January 1, 2017; adopted effective January 1, 1999; previously amended effective January 1, 2007, and January 1, 2015.)

(c) Indian Child Welfare Act inquiry (§ 224.2(c) & (g))

(1)  At the first appearance in court of each party, the court must ask each participant present at the hearing whether:

(A)  The participant knows or has reason to know the child is an Indian child;

(B)  The residence or domicile of the child, the child's parents, or Indian custodian is on a reservation or in an Alaska Native village;

(C)  The child is or has ever been a ward of a tribal court; and

(D)  Either parent or the child possess an identification card indicating membership or citizenship in an Indian tribe.

(2)  The court must also instruct all parties to inform the court if they subsequently receive information that provides reason to know the child is an Indian child, and order the parents, Indian custodian, or guardian, if available, to complete Parental Notification of Indian Status (form ICWA-020).

(3)  If there is reason to believe that the case involves an Indian child, the court must require the agency to proceed in accordance with section 224.2(e).

(4)  If it is known, or there is reason to know, the case involves an Indian child, the court must proceed in accordance with rules 5.481 et seq. and treat the child as an Indian child unless and until the court determines on the record after review of the report of due diligence described in section 224.2(g) that the child does not meet the definition of an Indian child.

(Subd (C) adopted effective January 1, 2020.)

(d) Health and education information (§ 16010)

The court must order each parent and guardian present either to complete Your Child's Health and Education (form JV-225) or to provide the information necessary for the social worker or probation officer, court staff, or representative of the local child welfare agency to complete the form. The social worker or probation officer assigned to the dependency matter must provide the child's attorney with a copy of the completed form. Before each periodic status review hearing, the social worker or probation officer must obtain and include in the reports prepared for the hearing all information necessary to maintain the accuracy of form JV-225.

(Subd (d) relettered effective January 1, 2020; adopted as subd (c) effective January 1, 2002; previously amended effective January 1, 2007 and January 1, 2008.)

Rule 5.668 amended effective January 1, 2020; repealed and adopted as rule 1441 effective January 1, 1998; previously amended and renumbered effective January 1, 2007; previously amended effective January 1, 1999, January 1, 2001, January 1, 2002, January 1, 2008, January 1, 2015, and January 1, 2017.

[ Back to Top ]